INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW

FORM 12.961

NOTICE OF HEARING ON MOTION FOR CONTEMPT/ENFORCEMENT

IN SUPPORT MATTERS (RULE 12.615)

(09/18)

When should this form be used?

Use this form anytime you have set a hearing on a Motion for Contempt/Enforcement, Florida Supreme

Court Approved Family Law Form 12.960, for a support matter under rule 12.615, Florida Family Law Rules

of Procedure. Before you fill out this form, you must coordinate a hearing time and date with the judge

or hearing officer and the other party. If the Department of Revenue is a party to the case, you may need

to schedule your hearing time with the attorney for the Department of Revenue.

If your case is to be heard by a child support enforcement hearing officer, the following information

applies: A child support enforcement hearing officer is an attorney who has been appointed by

administrative order of the court to take testimony and recommend decisions in cases involving the

establishment, enforcement, and/or modification of child support, and the enforcement of alimony in

conjunction with an ongoing child support arrearage order. If your case only involves issues pertaining to

child support, you cannot object to the referral of your case to a hearing officer. If your case is going to

be heard by a general magistrate, you should use Notice of Hearing Before General Magistrate, Florida

Family Law Rules of Procedure Form 12.920(c).

This form should be typed or printed in black ink. After completing this form, you should file the original

with the clerk of the circuit court in the county where your case was filed and keep a copy for your records.

IMPORTANT INFORMATION REGARDING E-FILING

The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be

filed electronically except in certain circumstances. Self-represented litigants may file petitions or other

pleadings or documents electronically; however, they are not required to do so. If you choose to file

your pleadings or other documents electronically, you must do so in accordance with Florida Rule of

Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file.

The rules and procedures should be carefully read and followed.

What should I do next?

A copy of a Motion and Notice of Hearing must be served in compliance with Florida Family Law Rule of

Procedure 12.615 and Florida Rule of Judicial Administration 2.516. The Motion and Notice of Hearing

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

may be served by mail if reasonably calculated to apprise the other party of the pendency of the

proceeding. Please note that if notice is mailed, the court in certain circumstances may not consider

mailing to be adequate notice. You may also serve the Motion and Notice of Hearing by hand delivery or

personal service, or by e-mail if the other party has designated an e-mail address. This is a technical area

of the law; if you have any questions about it, you should consult a lawyer. For more information on

personal service, see the instructions for Summons: Personal Service on an Individual, Florida Family Law

Rules of Procedure Form 12.910(a).

IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION

After the initial service of process of the petition or supplemental petition by the Sheriff or certified

process server, the Florida Rules of Judicial Administration now require that all documents required or

permitted to be served on the other party must be served by electronic mail (e-mail) except in certain

circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial

Administration. If you elect to participate in electronic service, which means serving or receiving pleadings

by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of

Judicial Administration 2.516. You may find this rule at www.flcourts.org or through the link to the Rules

of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in

the A-Z Topical Index.

SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT

REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the

procedures must always be followed once the initial election is made.

To serve and receive documents by e-mail, you must designate your e-mail addresses by using the

Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form

12.915, and you must provide your e-mail address on each form on which your signature appears. Please

CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court

Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme

Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the

beginning of these forms. For further information, see rules 12.615 and 12.941, Florida Family Law Rules

of Procedure.

Special notes

An attorney who has been appointed by the court to serve as a child support enforcement hearing officer

can also be appointed to serve as a general magistrate. If your case involves only child support issues,

your case properly may be referred to a general magistrate acting as a child support enforcement hearing

officer.

Instructions for Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these

forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules of

Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also

must put his or her name, address, and telephone number on the bottom of the last page of every form

he or she helps you complete.

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

IN THE CIRCUIT COURT OF THE ____________________ JUDICIAL CIRCUIT,

IN AND FOR ____________________ COUNTY, FLORIDA

Case No.: __________________________

Division: ___________________________

______________________________________,

Petitioner,

and

______________________________________,

Respondent.

NOTICE OF HEARING ON MOTION FOR

CONTEMPT/ENFORCEMENT IN SUPPORT MATTERS

(RULE 12.615)

TO: {name of other party} _____________________________________________________________

There will be a hearing before ________________________________ {name of judge or hearing officer},

on {date}_____________________, at {time} _______ m., in room ________ of the

_______________________Courthouse, on the _____ Petitioner's _____ Respondent's Motion for

Contempt/Enforcement in Support Matters. ____hour(s)/____ minutes have been reserved for this

hearing.

FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY

ATTACHMENT FOR YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS

BEFORE A HEARING IS HELD.

You are strongly urged to prepare and file a Florida Family Law Rules of Procedure Financial Affidavit,

prior to the hearing, as your ability to pay is a critical issue in this contempt proceeding.

You will be provided an opportunity at the hearing to respond to allegations and questions about your

present financial status.

This part is to be filled out by the court or to be filled in with information obtained from the court:

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

If you are a person with a disability who needs any accommodation in order to

participate in this proceeding, you are entitled, at no cost to you, to the

provision of certain assistance. Please contact:

__________________________________________________________________

{identify applicable court personnel by name, address, and telephone number }

at least 7 days before your scheduled court appearance, or immediately upon

receiving this notification if the time before the scheduled appearance is less

than 7 days; if you are hearing or voice impaired, call 711.

YOU ARE ADVISED THAT FOR THIS HEARING

a. _____ Electronic recording is provided by the court. A party may provide a court reporter at

that party’s expense.

b. _____ A court reporter is provided by the court.

c. _____ No electronic recording is provided by the court and the court does not provide a court

reporter. A party may provide a court reporter at that party’s expense.

If you are represented by an attorney or plan to retain an attorney for this matter, you should notify the

attorney of this hearing.

If this matter is resolved, the moving party shall contact the judge or hearing officer’s office to cancel this

hearing.

I certify that a copy of this document was _____ mailed _____ faxed and mailed _____ e-mailed

_____hand delivered to the person(s) listed below on {date} ______________.

Other party or his/her attorney:

Name: ______________________________________

Address: ____________________________________

City, State, Zip: _______________________________

Fax Number: _________________________________

Designated E-mail Address(es):___________________

____________________________________________

___________________________________

Signature of Party

Printed Name: ______________________

Address: ___________________________

City, State, Zip: ______________________

___________________________________

Telephone Number: __________________

Florida Supreme Court Approved Family Law Form 12.961, Notice of Hearing on Motion for

Contempt/Enforcement (09/18)

Fax Number: ________________________

Designated E-mail Address(es);__________

___________________________________

IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:

[fill in all blanks] This form was prepared for the: {choose only one} _____Petitioner ____ Respondent.

This form was completed with the assistance of:

{name of individual} ___________________________________________________________________,

{name of business}_____________________________________________________________________,

{address}_____________________________________________________________________________,

{city} ______________, {state} ____, {zip code}__________, {telephone number} ___________________.